delivered the first state of the union address. number two of the constitution. the president shall from time to time give to congress information of the state of the union. a little more than a thousand words. president washington's state of the union address was the shortest in history and it became an annual thing. in 1947, president harry truman delivered the first televised state of the union. eventually the event went to prime time. now, tens of millions of americans tune in to watch but one president set the precedent 223 years ago today. and o'reilly was in the audience. he is coming up next. now that you know the news for this let's see it's tuesday, january the 8th, 2013. i'm shepard smith. we're back tomorrow, noon pacific, 3:00 eastern for "studio b." back here tomorrow night for "the fox report." never go later than

7:59:59 p.m. because this happens then. >> >> bill: the o'reilly factor is on. tonight: >> remember, abortion is legal in this country. >> bill: a factor investigation is planned parenthood violating federal law by using taxpayer money to fund abortions? we'll zero in on a very disturbing situation. in many ways we have lost our guts. we have lost our courage. we have lost our spine. >> bill: what does dan rather think about a newspaper printing the names of americans who can legally possess firearms? what does rosie o'donnell think? how about barbra streisand and michael moore? we asked them all. we will tell you what happened. >> do my best for our country. for those i represent at the pentagon and for all our citizens. >> is president obama nominating chuck hagel as secretary of defense in in order to cut funding to the military? charles krauthammer will weigh in on that. caution, you are about to

enter the no spin zone, the factor begins right now. hi, i'm bill o'reilly. thanks for watching us tonight. aborting babies at taxpayers expense that is the subject of this evening's talking points memo. we have been taking a very hard look at a disturbing situation that may be a major violation, maybe of federal law. in 1976 congress passed the hyde amendment which forbids federal tax dollars for abortions. the reason is obvious. many americans believe abortion is morally wrong to. protect those americans, the feds said no to public funding of abortions. but now it looks like pro-choice zealots have figured out a way to get around the hyde amendment. they are using planned parenthood. here are the stats. 2001 planned parenthood received about 203 million taxpayer dollars. 10 years later, 2011, the

organization received a whopping $5,542,000,000, nearly double. planned parenthood says it doesn't use that money for abortion purposes but that's hard to believe. 2011, planned parenthood performed 334,000 abortions. close to half of all the abortions performed in the u.s.a. the agency only referred .08% of the women who came through their doors to adoption agencies. so let me repeat. an amazing amount of abortions, very few adoptions. now, planned parenthood will tell you that they perform prenatal services. yet, in 2011, it's estimated that fewer than 30,000 women received prenatal care from the organization. so who is kidding who here? planned parenthood is an abortion mill. that's what it is. and it is receiving more than a half billion dollars from american taxpayers in order to carry out that mandate. talking points believes this is a blatant ru scmplet e a

con on the taxpayer. president obama is a big fan of plan the parenthood. the head of planned parenthood was given a prominent speaker at the democratic convention. he knows what it does and how much money it is getting from the taxpayer. mr. obama also knows what the hyde amendment says. so we have a problem, mr. president with all due respect. it's clear the obama administration is spending an enormous amount of one agency that specializes on n. abortion. this in a time when the national debt is crushing the american people. so that's wrong on many levels. we need a congressional investigation into the funding of planned parenthood. since the senate is controlled by democrats, we don't expect that body to cooperate in any investigation. we are asking members of the house to take a hard look at what could be, what could be a gross violation of federal law. we will let you know what congress people step up and agree to do that. and that's the memo. top story tonight opposing point of view with us

christina page author of the book how the pro-choice movement saved america? so where am i going wrong here, ms. page? >> you are going wrong on accounting. you are going wrong the -- your assumptions of where this money is being spent. planned parenthood is a healthcare provider. a leading healthcare provider and provides primary healthcare services to millions of americans last year. they provided 11 million services to americans. prevention services. 90% of the services that planned parenthood offers is prevention. that means 41% are std treatment and prevention. >> bill: testing for to see if you have and things like that and that's worthy. >> 32% is contraception. so right there. 73% of what planned parenthood does. >> bill: that doesn't cost any money very little money to do that. >> it costs a lot of money. >> bill: no, it doesn't. >> yes. talking about the price. >> bill: rather than debate this, would you agree with me

that we need a congressional audit to see where the money is going? because, if you are performing 350,000 abortions, that costs a lot of money. have you got it pay the doctors, you have got to pay for anesthesia. have you got to pay for insurance. have you got to pay for the rooms. >> it's covered by insurance. >> bill: wait, wait, wait, wait. wait ms. page. of all the things that you mentioned that planned parenthood does. >> yes. >> bill: providing an abortion, a medical operation is far and away the most expensive. all right? so they are getting this enormous amount of money from the taxpayer. and you are telling me that none of that money, none of it is going to abort fetuses? >> yes. i'm telling you none of that. >> bill: you know that how? >> i know that because how medicaid works and how these funding streams work. they pay for services. woman isn for contraception. >> bill: yes. >> it's build to medicaid because that's the contraceptive services. abortion is not allowed to be

funded by federal funds. that's what the hyde amendment does. >> bill: rolls into planned parenthood they have a big discretionary fund. you are telling me no money goes for abortions, none? >> any healthcare provider. they bill for the services rendered. that is what they're reimbursed for. >> bill: okay. so you wouldn't mind then a professional audit for congress to go in and take a look at all the planned parenthood clinics and where their taxpayer money is being spent? you wouldn't mind? that's all i'm asking for. >> i like most americans would find it offensive. >> bill: you would find it offensive to have that audit? >> yes. because in this day and age, with all that we have going, on in this country, to attack a safety net provider. >> bill: why are we attacking? we are just accounting. >> most americans rely on family planning most in their lives in tough economic times. this is the largest family planning provider. >> bill: nobody is intruding on family planning. >> in this country that this is a political. >> bill: i find it very hard to believe that you would

object to an honest accounting because people like me and millions of other americans we don't want our taxpayer dollars used for abortions. and you respect that, correct? do you respect that? >> and you should feel relieved to know that it's not only in case of rape. >> bill: do you respect my position and position of others. do you respect it? >> i think it's a very slippery slope to open up taxpayer taxes as something -- because personally, i don't want to fund some wars and i don't want. >> bill: i respect that. >> i object to and so i feel like i should also have the right to carve away the taxes that i don't want. >> bill: no, no, no, no. if there were a law, ms. page that said your tax dollars can't go for military operations -- >> -- the only problem i have with it. >> bill: you are dodging the law the hyde amendment says you don't want a audit. >> majority of americans disagree with you. >> bill: no they don't. it's not a 50/50 deal. you know that. >> no, no. talking about pro-choice or pro-life. those terms don't fit most americans. >> bill: all right. you are telling me that you don't believe most americans

would support an audit of planned parenthood. >> no. >> bill: you don't believe that? >> i think those kinds of circuses are. >> bill: you don't want to know? >> flush times. >> bill: you don't want to know. >> i know it would be a witch-hunt. >> bill: a witch-hunt? >> it would take a lot of money and waste a lot of good people's time. >> bill: you would rather not have an audit of planned parenthood. >> i recognize the republicans and how they operate. so it might be inevitable. >> bill: i don't think it's a republican/democrat issue. i think there are good democrats who would like to see an audit so that we don't have money going over there which a violation of federal law. you know what? i appreciate you coming in. >> thank you. thank you for having me. >> bill: you are welcome. we ask a number of liberal americans like rosie o'donnell, bill moyers and dan rather to comment on newspaper printing the names and addresses of legal gun owners. we will tell you how that turned out in just a few moments. what are you doing?

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>> bill: in the impact segment tonight, we continue our reporting on the journal news of west chester county new york printing the names and addresses of americans who are legally entitled to possess firearms. as we reported last night the newspaper's decision to do that as endangered people like prison guards, women being stalked and police officers. we decided to ask a number of very liberal americans what they think about that. dan rather, oliver stone, ted turner, phil donahue, michael moore, jane fonda, susan sarin dan, ravel narrowed and joy behar all liberal folks and very politely we asked them would you please give us a statement about the journal news. none of them. would mr. rather indicated at first he would. then he decided he was too busy doing what we're not sure. clearly the gun issue is way too intense for some. joining us now from los angeles leslie marshall if for

alan colmes this evening here in the studio monica crowley. i thought some of these people would respond. if they really believe that the newspaper is doing the right thing and gun control is paramount, very important issue of the day and certainly all of the aforemention have had bloviated almost beyond belief, why wouldn't they step up. we didn't have them sitting where you are sitting, which is frightening, isn't it, monica? >> it's very scary. >> bill: we didn't ask them to do that we said give us a paper statement and tell us how you feel. >> too busy to do that. >> not only are all of them committed liberals and very outspoken. >> bill: yes. >> most of them have been on the record in the past and even most recently after the newtown shooting being on the record as supporting stricter gun control laws. >> bill: ravel narrowed will come to your house if you ask him to. >> yes. >> bill: he will will if you give him a snack. >> to the opening of an nfl he will envelope and he will come. >> bill: if you are wyoming promise a snack --

>> -- the only explanation i could venture to guess here is a couple of things. first, i think they fear this many pra. i don't think they want the exposure on this program. >> bill: they already got it though. >> an issue they feel passionate about. they got it but in a bad way. they fear some hypocrisy being exposed. let's say some of these people who have railed against the gun, second amendment and ownership of guns. let's say some of them actually own guns. do they want that expoised? >> bill: i wouldn't be surprised if turner has a boo zook can a on his ranch. >> bill: you know barbra streisand you know if you go on her property you will get a missile right between the eyes why do you think that none of them would give us and you by extension a statement? >> well, notice i'm sitting way over here in los angeles. although i have sat in the same room with you. hey, listen, they are not only afraid to go on the show and your show and be associated with fox. they are afraid of you, bill,

most definitely i don't think they need to give a statement. what the paper didn't michael moore for example. these people. >> bill: wait, wait, wait, leslie. there the is personal safety issue which is what we asked them about. not the gun control issue. that's not the story here. the story is that this newspaper chose to print and invade the privacy of people who are doing nothing wrong, who are legally in possession of firearms and now some of those people, as you heard on fox news, jeanine pirro as a former judge in west chester county feel they are in danger. and a woman who was being stalked is now being stalked again according to authorities in putnam county. so, you know, logically you would then go to these people who would support the newspaper's action, we don't know if they do or not because they won't tell us and ask them. it's a logical question, a fair question and all of a sudden they are running for the hills. why are they afraid of me, leslie? all i'm going to do is read their statement. [ laughter ]

>> oh, come on, bill, you know you are a bit intimidating. >> bill: i will read it in a high voice. i mean, come on. again, i'm not asking them to come on here. look, i will get a puppet to read it if i have to. [ laughter ] >> bill: all we want is your statement. i don't want them to be intimidated or lose any sleep. i want fill donahue to take as many naps as he can take. [ laughter ] >> well, as passivist and i can't speak for all of them, but i'm assuming they may be a bit torn as i am. first of all, the paper harass a right to do it. they claim that the reasoning was in the interest of public service. the problem is this does not prevent any future attacks, period. >> bill: no, of course not. it just embarrasses and disparages legal people -- look, i wouldn't, monica, print the names of people on welfare even though it's a matter of public record if they if i did a foya and got the names i wouldn't put a chart up you know what? people on your block, these

people are on the dole, keep an eye on them and make sure they are not playing golf at the country club. i'm not going to do that because it's just wrong to do it. >> look, i agree with you on that. remember, back in the day, i'm talking decades ago local newspapers used to print the names addresses and photographs of woman arrested for prostitution. >> bill: that's a different story. >> let me make this point. >> bill: if you are accused then that's will legitimate. >> let me make the point. deadbeat dads, other people they used to print those things for one reason, yes they broke the law but the other reason was to shame. shame when shame was a big thing in america. i think what the journal news did here was yes, they printed d this for ideological reason but they tried to use shame against gun owners. >> bill: no doubt that newspaper owner motives were not looking out for folks who have guns. leslie i will give you the last word. you know this newspaper is not looking out for legal gun owners. >> gun owners shouldn't be feeling shame. if they are proud gun owners

there should be no problem. my problem is with the addresses. then, again, i have to say maybe it's a good thing, bill, because the criminals are going to look on the map and say, hey, i'm not going to hit that house tonight. you know what i'm saying. maybe it was a public service. >> bill: with the lady being stalked i kind of feel sorry for that lady being stalked. do you know what i'm talking about here? that should never happen. >> do i hear you, bill. >> bill: ladies thanks very much. direct i ahead, charges that some welfare recipients in new york are accessing the money they get in strip clubs. we will take a look at that also, is it legal on a florida mother ordered by the court not to have any more children. we will tell you why and we are coming right back. what do we want to build next ? that's the question. every day. when you have the most advanced tools, you want to make something with them. something that helps. helps safeguard our shores.

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>> bill: personal story segment tonight. the "new york post" reporting that some welfare recipients in new york state have accessed their benefits in strip clubs. the post filed a freedom of information act request to find out where cash withdrawals were being made by welfare recipients. there is a bill that would make withdrawing money from certain entertainment facilities illegal. with us i didn't meany mcmillan who ran for mayor of new york city. from washington, diana roth senior fellow at the manhattan institute. how bad do you think the problem is, diabetes that? is it just a little thing or is there abuse going on here? even if it is a little thing withdrawing these funds in casinos and liquor stores gives a lot of temptation to spend it right there. unfortunately the state federal government doesn't keep data or where people withdraw that cash benefit. >> bill: how does that work? you have a little card have. >> a little card. they put it in an atm machine. they get the cash out. the cash is supposed to be spent on rent, on utilities

and on household purchases. >> bill: can access at almost any atm machine there are gazillioning of them. >> that's right there are gazillions of them. >> bill: found out they were using the card in liquor store establishments. that's not good. >> atm machine across the street. the atm machine i went to doesn't work. ironically it's in the strip club. you can't assume person withdrawing money from an atm machine is using it in a strip club. >> bill: i don't know why would you go in a strip club when there are atm everywhere dunkin' donuts. >> temporary service and also the fees. 1.75 at some machines and also $2.50. you wouldn't want to go to one that's $2.50 try to find the cheapest one. >> bill: do you think really seriously do you think somebody is going to walk into a strip club because just because they want to get their welfare benefits and walk out? come on? >> i'm a former stripper.

>> bill: you are a former stripper here in the united states or some other country. >> in the united states. formerr and 100% of the strippers are welfare recipients. >> you are telling me that the strippers are welfare recipients? >> yeah. >> aren't you getting paid. >> they need that money because they have someone baby-sitting their children so when they get off from work they may have to get money from that machine. >> bill: let me get this straight but you get paid to strip, right? >> you get paid. >> bill: but you are on welfare too. >> yes. >> they don't get paid enough. >> thank you, thank you so much. the benefit. you need -- this is something that we're -- i ran for governor for state of new york last year. this was a part of my platform in the beginning. >> bill: so you think it's okay then for people to access both strippers and people watching strippers? >> baseless for the say legislative body to get up and talk about this matter because you have people on wall street with businesses entire family son welfare. >> bill: that's not right. >> how could the federal --

what do you call sinful -- what do you call it it sinful spending. >> you want to spend the money the way the taxpayer is allotting it to you on rent and food. not entertainment, gambling and liquor, come on. >> it's abuse. when i ran for governor. >> bill: you are admitting that welfare is abused. >> it's being abused. it needs to be reformed. >> bill: i'm glad i think we agree that this needs to be reformed. how big a problem do you see at the manhattan institute of abuse of welfare? we just came off the thing where i said i wouldn't print the names of welfare people but i would print the names of welfare cheats, people who get money from the public and then spend it on frivolous things, narcotics or booze or whatever. i think that's a horrible abuse of the taxpayer how prevalent is that kind that. >> eligibility for food stamps expanding, 47 million people

on food stamps. it expanded in 2002, 2008. it expanded again under the stimulus bill. and so what we need to make sure is that the benefits are going to people who really need them. >> bill: do you have any idea on how much of the stuff is being used legitimately or illegitimately. is there any stats on that? >> we do not have any good data on that. undoubtedly some of it is and we don't have good data on that. >> that's my problem is that the states should not go by a media report without conducting their own investigation. >> bill: i agree with you. i want the stats. >> you cannot assume and they are assuming. so i would leave it alone until you conduct a full thorough investigation before you draw any assumption on why you are spending this. getting a money from a strip club. >> bill: we do need a law. >> no. you don't need a law? >> she may agree with me not without a thorough investigation. when you find out that it's being abused in that way.

>> bill: why not pass the law anyway because you know some people are doing it? >> constitution laws where you are cross violating cop constitutional law. >> bill: you know some people are doing it you have to use it for staples. >> there is a bad apple in every bunch. >> bill: right. let's have the apple be. >> not throwing because one bad apple. >> bill: not throwing away. rules. >> very easy to be tempted if you get money out of the machine at the casino or the liquor store to spend it there. it's much easier to have a law that says you just can't get it out of a machine right there. >> bill: it will be very interesting discussion. jim, i was little taken aback by the revelation that you were a stripper at one time. >> for reason. >> bill: that was below 1950? >> i'm exposed to agent orange. i needed money to get my daughter's spina bifida surgery. >> bill: have you got to write a book. >> thank you. >> california running wild with new laws. 876 of them went to effect in

on new year's day. stossel with a report. and then is it legal? on a florida mother who leaves her little children in a hotel room so she can party. a judge says no more kids for you. we hope you stay tuned to those reports. [ fishing rod casting line, marching band playing ] [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it... in your heart. [ basketball bouncing ] heart healthy. great taste. mmm... [ male announcer ] sounds good. it's amazing what soup can do.

>> bill: stossel matter segment tonight. this is unbelievable but true. in california, governor jerry brown has signed wait for it 876 new laws that all went into effect on new year's day.

here now to run some of them down, fox business anchor john stossel. 876 new laws. how could anybody keep track of them? >> nobody can keep track of them anymore. we are both probably breaking laws if they want to get us they can. they keep passing more. they can micromanage life. >> bill: what's the headline law. >> the one getting the headlines is you can no longer use your dog to hunt bears. >> bill: that's not true. you cannot use a trained dog. >> bill: here is what has to happen. in california, if you come upon a bear or after a bear, you can have a cocker spaniel but you can't have a trained dog. so, i guess the rangers in the forest have to give the dog a test to find out if it's trained or not to get a bear. this is real. we're not kidding. this is a real law. >> but it's not that unusual, 14 states have a similar law and there may be some justification for it some bears were being abused by hunting dogs. >> bill: the bears are being

abused by the dogs. >> dog bears. >> bill: isn't the bear bigger than the dog? >> i would think the dog would get -- >> bill: right. >> the lemg later they know best. what gals me is last year governor brown rejected a law saying kids had to wear helmet while skiing or criminal penalty for parents. you can't have a law for everything. >> bill: we do have law. >> this year he signed 876. >> one of the most controversial of these laws is that if you are a therapist, licensed -- you can't try to convince somebody they are not gay even if they want you to. >> these programs, i have done exposes on them. i don't believe in them a conversion therapy. >> bill: say somebody comes in to you and you are a psychologist or psychiatrist. look can you talk me out of being gay and you try they can cuff you. >> ought to be your right to pursue therapy. >> bill: yes. >> they infringe on our freedom all the time. we can pick on these. it's it the cumulative effect.

i tried to open a lemonade stand outside your office to sell lemonade. i couldn't get legal permission. it would have taken me two months to get it. >> bill: so you agree with me that the more laws the government passes, state, locals, feds, the less freedom the individual has, right? that's the bottom line on this. >> we stay poor. this is is why we haven't recovered from this recession. >> bill: i believe that california leads the league in craziness. i mean -- >> -- i agree. >> bill: i have written my newspaper column which will be out at the end of the week on this. they go right down the line. you can't now put a boat in fresh water in california unless you pay a certain fee because of the invasion of the muscles. did you know that? >> i know it now. >> there is giant mussels. >> fee is less than $10 probably cost 20 to collect it. >> bill: don't put the boat in the salt sea no that's salt. fresh water you have got to pay a separate fee to get the

mussels out of there. >> create a new industry. >> bill: that's a law. >> that's a law. if you go bankrupt you have now new writes to keep the tools of your trade. so can the trial lawyers keep their jet planes? this will keep them busy for years. >> bill: absolutely they can. john stossel, everybody, you are not moving to california any time soon. >> the weather is nice. the politics is bad. >> bill: pretty soon if the temperature goes above 75, have to pay 10 bucks. global warming. going to have to do it. i know they will have that law in sacramento. when we come right back, is it legal on a judge ordering a woman not to have any more children and a sperm donor getting slapped down big time. legal is next. ♪ [ male announcer ] how could a luminous protein in jellyfish, impact life expectancy in the u.s., real estate in hong kong, and the optics industry in germany? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds

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>> bill: bill thanks for staying with us. i'm bill o'reilly in the is it legal segment tonight. two very controversial stories. a florida judge orders a woman not to have any more children. in kansas a sperm donor ordered to pay child support even though he has no parental authority at all. >> i donated genetic material and that was it for me. i'm not being held to be a parent. i'm not raising the child. i wasn't expected to be paying for child support. >> bill: 46-year-old william marotta answered an ad to donate sperm to lesbian couple now paying big time. here now to analyze kimberly

guilfoyle and lis wiehl. >> bill: why did he he do this. >> out of the kindness of his heart. he wanted to help this lesbian couple. here is where he went wrong under the kansas law. he made his donation privately to them. he took his donation to them to their house. did i not go through a licensed physician. kansas law is very, very particular. very strict about this saying if you want to have the sperm donation can you do that but you have to go to a licensed physician. >> bill: let he recap this. this guy reads an ad. >> craigslist. >> of course. >> bill: there you go. so then he agrees with this lesbian couple and then he will help them out? >> right. >> instead of going through doctors or formal channels he does it informally. then they turn around, this couple, all right, and they break up? >> they split up. >> bill: they don't have any money to raise the kid, right? >> right. >> bill: they try to get money from him. >> no, no, no. one of the mom -- here is what happened. one of the moms goes to the state and says hey, i can't -- i have broken up, i can't

afford to pay for this child i need help. >> bill: she brings it to the state. >> the state gets involved and says wait a second. >> bill: what state agency would get involved. >> this is kansas. here's the deal because they were unable to provide financial support for their child, they pay tuitioned the state says we have medical expenses $6,000. we need this much a month. the state is now legally object galgt gaited to determine hot biological father is to seek financial compensation. >> bill: what family. >> family services. >> bill: children and family protective agency. >> yes. >> they petition so the agency says to the guy you have got to pay up what does he have to pay. >> he says no i don't. >> bill: what does he have to pay first of all. >> $6,000 and future child support. >> bill: 6,000 bucks he has got it turn over and then pay every month child support? >> pay back the state and future payments. >> bill: that doesn't seem fair even though the guy is a nitwit. >> guess what, is he obligated to follow the law. he shouldn't have gone to donate privately. he should have followed the law. >> bill: will this be overturned by a judge. >> i don't think so. the law is very specific.

>> bill: this guy son the hook. >> in kansas and ten other states you cannot do this privately. even if you have a contract. >> bill: that's a good law. have you got to regulate this kind of stuff. >> you want people running around like trick or treat offering to insem nate people. >> bill: got what he deserved. >> unfortunately. >> that's what the law says. >> no good goes unpunished. >> bill: i don't know if it's a good deed or not. that's what he says. there could be other stuff involved. all right. in florida, there is a more serious situation. a woman got three children, right? >> yes. >> bill: they have health problems and everything else. she leaves the children in a hotel room. >> four total. >> bill: four total. >> kimberly. >> bill: leaves them in heettle room. she goes out and parties. one of the kids is strapped to a stroller. >> very bad situation. >> bill: somebody in the hotel sees it. authorities get involved. pick it up from there. >> here is the problem halloween night. i want to go out and have a good time. thing or treat leave the kids alone. one of them have cerebral palsy brain damaged severely disabled child. >> bill: how old is this kid.

>> 2 to 11 is the age range. one of the children is upside down strapped in the stroller helpless. someone in the hotel finds the child, calls the cops. she gets charged with four counts of child abuse. enters a plea deal where she agrees to plead guilty to two counts, 13 years probation. house arrest, et cetera, and guess what? no unsupervised contact with children. she loses her kids. and you can't have kids during your probationary period. >> bill: the judge keeps her out of prison but sanctioned her in every other way, wiehl, including saying under the term of the probation, which is how many years. >> 13 years. >> you can't have any more children. >> can't have any more kids. >> bill: or go to jail for five years. so now she is getting the aclu involved? what is she doing? >> they are considering the case. >> lawyers i think are going to appeal this. i don't think they will win on appeal. >> bill: they agreed to it. >> exactly. because the judge gave them a choice. the judge said hey, lady, you can go away for 32 months and do hard time in jail. >> that's the judge. >> bill: good for him.

good for him. >> the circuit judge in florida. >> or i'm going to give you an option. i'm going to say you can -- you don't have to go to jail. you have 13 years probation but a condition of that probation is you don't have kids. >> no kids. >> bill: she agrees and then rereneges? >> exactly. >> bill: her kids are still -- >> she has got a boyfriend now. i think i want to have a baby with this guy. the judge is like. >> bill: judge said no. you agreed and that's it. legally because he didn't make it mandatory because he gave her a choice, it will stand up in court. >> bill: you agree. >> done deal. >> bill: the judge did the right thing. >> yeah. >> bill: he is protecting the kids. this is a loon. this woman is a loon. >> if she can prove she is going a good mom. counseling, in the future she is able to petition the court not so onerous. it was a reasonable. the plea far began. >> second time that she had been abusing the children. already on probation. >> bill: nobody leaves four children in a hotel room with that kind of can be. nobody does that. so the state of florida did the right thing.

child protection did the right thing. the judge did the right thing. >> good story. >> bill: is it legal, everybody. charles krauthammer on deck. will president obama's new defense a second nominee dismantle the military? is that why the president wants chuck hagel? cac moments away. years ago, my doctor told me to take a centrum silver multivitamin every day. i told him, sure. can't hurt, right? then i heard this news about a multivitamin study looking at long-term health benefits for men over 50. the one they used in that study... centrum silver. that's what i take. my doctor! he knows his stuff. [ male announcer ] centrum. the most recommended. most preferred. most studied. centrum, always your most complete. to volunteer to help those in need. when a twinge of back pain surprises him. morning starts in high spirits, but there's a growing pain in his lower back.

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>> bill: president obama has nominated chuck nailing former republican and vietnam vet as new secretary of defense. some believe this nomination will make it easier for the president to cut back military funding. so what does charles krauthammer think? he joins us now from washington. and you say? >> i think that's absolutely right. i think what's happening here

is in a second term, obama is going to show who he really is. remember what he said to the soviet president after the election i will be more flexible, which means he can be more of who he wants to be. number one item on his agenda is to cut down the defense department and his current secretary of defense. leon panetta said to the kind of cuts in automatic cuts that were supposed to go into effect on january the 1st, that have now been delayed for two months, if they went into effect, it would destroy the military, hollow it out. he gave very strong indications he might resign on principle. because he could not in good conscience carry it out. when hagel was asked about that. about the statements that panetta had made. he said the defense department is bloated and it needs to be pared down. he is prepared to do the dismantling. that obama wants to do, would never have admitted he wanted to do, but will likely be carried out now in the second term.

>> bill: why does the president want to down size the pentagon, the defense department? why does he want to do that? >> because obama this ideological vision of america as a super power to big for its britches. and it's a power that is thrown itself around the world. he talked about it in his initial tour of the world. and that it does not sort of have the moral standing to be the great power it was intervening as it was. choosing where and when. and he wants to cut it down to size. now, this is a view that is not that extreme. there are many people who don't want to see america have to bear the burdens that it has to have had to bear since the end of the cold war when it became the lone great power in the world. i think he is quite prepared to do that and he is quite prepared to see a military that is diminished and down sized to meet the new diminished and down sized role of the u.s. and the world. >> bill: let me play devil's advocate.

what if the president says, look, we have got to cut spending and this is a way to cut it because we can use as i have demonstrated our high tech capabilities like the drones, things like that to right the wrongs that we usualed to be able to right with a whole fleet of ships. a whole squadron of guys. we can now do it electronically. it just makes fiscal sense to bring it down a little bit. save some big money but still carry the big stick in the form of the technology weapons we have. >> that's the kind of argument you always hear and it's always false. let's take one example. the drone campaign. that's a tremendous advance in technology. but that hasn't done a thing to prevent the rise of al qaeda in north africa and to end in the sacking of our embassy the assassination of our ambassador and the killing of four other americans. i mean, we always want to do war on the cheap and war on the high tech. and surely we have a lot of

advantages there. but i will give you one example. china is the rising power. in the east. china is developing a huge and sophisticated navy which it never had. and it is quite clear what the objective is. to expel the united states from its coastal waters in the western pacific where we have been the prevailing power for the last 50 years since the fall of japan. now, we are going to have to build -- you cannot counter the chinese navy and aircraft carriers were drones. so the idea that somehow you can down size and preserve your power in the world is simply a false one. >> bill: now, what is hagel going to bring though? is he going to be a toady in your opinion? is he basically they work this deal out privately? he comes in, the president makes all of these suggestions to down size the military and hagel stamps them. is that what this is that the fix is in? >> i don't think it's a fix.

is he president. he was reelected. >> bill: i'm talking about hagel now. is hagel on board with all of this diminishment of american power. >> hagel is no george marshall and no henry kissinger. is he not somebody of great stature and ideas of his own. he has never been known for that and nobody has been able to produce a single idea or a single piece of legislation. he will do what the president wants him to do. that's one of the reasons he chose him. there is an affinity of views and i don't expect him to stand up to the president. the way i would have expected a panetta to when it came to drastic cuts. >> bill: all right. let's assume that hagel is. >> he will be the president's -- >> bill: set guy in there are you got iran coming down the pike and hagel has been soft on iran in the sense that he doesn't want to confront iran. and then hagel is also not a friend of israel in a very bullish way. so you have got those two things as well. >> look. on the iran thing. the word soft is is an understatement.

we have had very legitimate and serious argument between patriots on both sides who argue for a military option and for not. vis-a-vis iran. nobody argues for not using sanctions. , except chuck hagel. now on what grounds could you possibly say we shouldn't do sanctions? he says we should rely on diplomacy. diplomacy without sanctions is absolutely. >> bill: it hasn't worked with those people. >> that puts him way out of the mainstream. >> bill: got to run, charles, factor tip of the day is next. how to deal with people who see disgusting movies. the tip 60 seconds away. now t $6 back in staples rewards for every ink cartridge you recyc when you spend $50 on hp in staples. th was easy.

when you spend $50 on hp in are you flo? yes. is this the thing you gave my husband? well, yeah, yes. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from. careful, though -- that kind of power can go to your head. that explains a lot. yo, buddy! i got this. gimme one, gimme one, gimme one! the wer of the "name your price" tool. only from progressive. >> possibly killing kennedy,

the hard numbers are rolling in and killing lincoln a best seller after 66 weeks in the marketplace, amazing. and if you become a bill o'reilly premium member, choose the book free, and normally a smart guy, but it's wrong to trash president's daughters with her school children. they're obviously much more a target and need far more protection. virginia, from new zealand. would it not be in the best interest of the american public to print the names and addresses of former convicts. depends on the crime, virginia, i get your point. but everyone keep in mind that legal gun owners should not give up their privacy rights. bill, you shouldn't be surprised about the journal news' printing the names. salaries of government employees, why weren't you protecting the folks then? because i want to know the salaries. i'm paying for, nancy.

that's legit. shana murray, kingdom of bahrain. bill, i'm surprised you did not use the word blue when interviewing ralph begleitor. i'm using the word blue to calm myself. and that came off as slippery. mary anne, someone should print the names and addresses of those working at the journal news. well, exactly the wrong thing to do as i said, marion. that would rob you of the high ground in the debate and put folks in danger. and bill, who is boulder and who is fresher, you or miller? miller is the fresh one, and you can see us live in phoenix on february 22nd. los angeles the at the nokia theater march 1st. washington, april 26th. wesbury long island june 1st and one week from friday at hard rock at broward county, florida, details on the shows on billoreilly.

and from lapeer, michigan, i was writing thank you notes as i was listening to your tip of the day. and everyone should write thank you notes and put a stamp on them, classy person. and the number one closing movie last week, the very gross, "texas chainsaw massacre" part 5. how deserving is that? there are lots of good films out now, millions of americans want to see people carved up by a maniac wielding a chain saw in 3-d no less. let's get right in to the dismemberment. so, what are we to think of people who like this kind of stuff? i mean, it's not like the hunger games or even the walking dead which is are basically horror flicks. this chain saw stuff is all about-- what they're